For the rules contained in this Subchapter, the following terms apply:

(1)           "Area Authority" means the governing unit authorized by the Commission for Mental Health, Developmental Disabilities and Substance Abuse Services and by the Division and delegated the authority to serve as the comprehensive planning, budgeting, implementing and monitoring body for community‑based mental health, mental retardation and substance abuse programs.

(2)           "Continuity of Care" means the provision or arrangement of an alternative residential placement for a person with mental retardation.

(3)           "Continuity of Care Client" means a person with mental retardation who seeks alternative residential placement when the original residential care or treatment facility can no longer provide care or treatment and who is in need of residential placement.

(4)           "Division" means the Division of Mental Health, Developmental Disabilities and Substance Abuse Services of the Department of Human Resources.

(5)           "In Need of Residential Placement" means a determination of client need resulting from a client assessment. In determining the need for residential placement, the assessment shall consider the request for residential service by the parent or guardian of a continuity of care client who is a minor or an adjudicated incompetent adult or by the continuity of care client if he is a competent adult.

(6)           "Mental Retardation" means significantly subaverage (i.e. two or more standard deviations below the mean) general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period (i.e., before age 18).

(7)           "Original Residential Care or Treatment Facility" means a 24‑hour residential facility, operated under the authority of Chapter 122C of the General Statutes of North Carolina and supported all or in part by state appropriated funds, which most recently admitted the continuity of care client for residential care or treatment other than respite or emergency care.


History Note:        Authority G.S. 122C‑63; 122C‑132; 122C‑143; 122C‑147; 143B‑147;

Eff. October 1, 1983;

Amended Eff. May 1, 1990;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 26, 2017.